Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review; 2011-2012, 38938-38939 [2013-15448]
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38938
Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
Suspension Agreements
None.
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consistent with FAG Italia v.
United States, 291 F.3d 806 (Fed Cir.
2002), as appropriate, whether
antidumping duties have been absorbed
by an exporter or producer subject to the
review if the subject merchandise is
sold in the United States through an
importer that is affiliated with such
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the POR.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Those procedures apply to
administrative reviews included in this
3 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Aluminum Extrusions from the PRC who have not
qualified for a separate rate are deemed to be
covered by this review as part of the single PRC
entity of which the named exporters are a part.
4 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Certain Oil Country Tubular Goods from the PRC
who have not qualified for a separate rate are
deemed to be covered by this review as part of the
single PRC entity of which the named exporters are
a part.
5 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Citric Acid and Citrate Salt from the PRC who have
not qualified for a separate rate are deemed to be
covered by this review as part of the single PRC
entity of which the named exporters are a part.
6 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Pure Magnesium from the PRC who have not
qualified for a separate rate are deemed to be
covered by this review as part of the single PRC
entity of which the named exporters are a part.
VerDate Mar<15>2010
19:17 Jun 27, 2013
Jkt 229001
notice of initiation. Parties wishing to
participate in any of these
administrative reviews should ensure
that the meet the requirements of these
procedures (e.g., the filing of separate
letters of appearance as discussed at 19
CFR 351.103(d)).
Revised Factual Information
Requirements
On April 10, 2013, the Department
published Definition of Factual
Information and Time Limits for
Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10,
2013), which modified two regulations
related to antidumping and
countervailing duty proceedings: the
definition of factual information (19
CFR 351.102(b)(21)), and the time limits
for the submission of factual
information (19 CFR 351.301). The final
rule identifies five categories of factual
information in 19 CFR 351.102(b)(21),
which are summarized as follows: (i)
Evidence submitted in response to
questionnaires; (ii) evidence submitted
in support of allegations; (iii) publicly
available information to value factors
under 19 CFR 351.408(c) or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2); (iv) evidence placed
on the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The final rule
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
final rule also modified 19 CFR 351.301
so that, rather than providing general
time limits, there are specific time limits
based on the type of factual information
being submitted. These modifications
are effective for all segments initiated on
or after May 10, 2013. Please review the
final rule, available at https://
ia.ita.doc.gov/frn/2013/1304frn/201308227.txt, prior to submitting factual
information in this segment.
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information. See section 782(b)
of the Act. Parties are hereby reminded
that revised certification requirements
are in effect for company/government
officials as well as their representatives
in all segments of any antidumping duty
or countervailing duty proceedings
initiated on or after March 14, 2011. See
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
Certification of Factual Information to
Import Administration During
Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR
7491 (February 10, 2011) (‘‘Interim Final
Rule’’), amending 19 CFR 351.303(g)(1)
and (2). The formats for the revised
certifications are provided at the end of
the Interim Final Rule. The Department
intends to reject factual submissions in
any proceeding segments initiated on or
after March 14, 2011 if the submitting
party does not comply with the revised
certification requirements.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: June 21, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–15546 Filed 6–27–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–833]
Polyester Staple Fiber From Taiwan:
Final Results of Antidumping Duty
Administrative Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
On March 22, 2013, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on
polyester staple fiber (PSF) from
Taiwan. The period of review is May 1,
2011, through April 30, 2012 (POR). We
received no comments from interested
parties. Accordingly, for the final results
we continue to find that Far Eastern
New Century Corporation (FENC) has
not sold subject merchandise at less
than normal value, and that Nan Ya
Plastics Corporation (Nan Ya) had no
shipments during the POR.
SUMMARY:
DATES:
Effective Date: June 28, 2013.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen or Minoo Hatten, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3683, and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Notices
Background
On March 22, 2013, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on PSF from
Taiwan.1 We invited interested parties
to comment on the Preliminary Results.
None were received.
The Department has conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The product covered by the order is
PSF. PSF is defined as synthetic staple
fibers, not carded, combed or otherwise
processed for spinning, of polyesters
measuring 3.3 decitex (3 denier,
inclusive) or more in diameter. This
merchandise is cut to lengths varying
from one inch (25 mm) to five inches
(127 mm). The merchandise subject to
the order may be coated, usually with a
silicon or other finish, or not coated.
PSF is generally used as stuffing in
sleeping bags, mattresses, ski jackets,
comforters, cushions, pillows, and
furniture. Merchandise of less than 3.3
decitex (less than 3 denier) currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheading 5503.20.00.20 is
specifically excluded from the order.
Also specifically excluded from the
order are PSF of 10 to 18 denier that are
cut to lengths of 6 to 8 inches (fibers
used in the manufacture of carpeting).
In addition, low-melt PSF is excluded
from the order. Low-melt PSF is defined
as a bi-component fiber with an outer
sheath that melts at a significantly lower
temperature than its inner core.
The merchandise subject to the order
is currently classifiable in the HTSUS at
subheadings 5503.20.00.40,
5503.20.00.45, 5503.20.00.60, and
5503.20.00.65. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.
Final Determination of No Shipments
For the final results of this review, we
determine that Nan Ya had no
shipments during the POR.
tkelley on DSK3SPTVN1PROD with NOTICES
Final Results of the Review
The Department made no changes to
its calculations announced in the
Preliminary Results. As a result of our
review, we determine that a weighted1 See Polyester Staple Fiber From Taiwan:
Preliminary Results of Antidumping Duty
Administrative Review; 2011–2012, 78 FR 17637
(March 22, 2013) (Preliminary Results).
VerDate Mar<15>2010
19:17 Jun 27, 2013
Jkt 229001
average dumping margin of 0.00 percent
exists for FENC for the POR.
Assessment Rates
In accordance with the Final
Modification,2 the Department will
instruct U.S. Customs and Border
Protection (CBP) to liquidate entries for
FENC without regard to antidumping
duties.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.3 This clarification will
apply to entries of subject merchandise
during the POR produced by FENC for
which it did not know its merchandise
was destined for the United States. In
such instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
Consistent with the Assessment Policy
Notice, because we continue to find that
Nan Ya had no shipments of subject
merchandise to the United States, we
will instruct CBP to liquidate any
applicable entries of subject
merchandise at the all-others rate if
there is no rate for the intermediate
company(ies) involved in the
transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of PSF from
Taiwan entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for FENC will be 0.00
percent, the weighted average dumping
margin established in the final results of
this administrative review; (2) for Nan
Ya and previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recently completed segment of
this proceeding; (3) if the exporter is not
a firm covered in this review, a prior
review, or the original investigation but
the manufacturer is, the cash deposit
rate will be the rate established for the
manufacturer of the merchandise for the
2 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification).
3 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003) (Assessment Policy Notice).
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
38939
most recently completed segment of this
proceeding; (4) the cash deposit rate for
all other manufacturers or exporters will
continue to be 7.31 percent, the allothers rate established in the Notice of
Amended Final Determination of Sales
at Less Than Fair Value: Certain
Polyester Staple Fiber From the
Republic of Korea and Antidumping
Duty Orders: Certain Polyester Staple
Fiber From the Republic of Korea and
Taiwan, 65 FR 33807 (May 25, 2000).
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
The Department is issuing and
publishing these final results of
administrative review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: June 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2013–15448 Filed 6–27–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–905]
Certain Polyester Staple Fiber From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\28JNN1.SGM
28JNN1
]]>Agencies
[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 38938-38939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15448]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-833]
Polyester Staple Fiber From Taiwan: Final Results of Antidumping
Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 22, 2013, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on polyester staple fiber (PSF) from Taiwan. The
period of review is May 1, 2011, through April 30, 2012 (POR). We
received no comments from interested parties. Accordingly, for the
final results we continue to find that Far Eastern New Century
Corporation (FENC) has not sold subject merchandise at less than normal
value, and that Nan Ya Plastics Corporation (Nan Ya) had no shipments
during the POR.
DATES: Effective Date: June 28, 2013.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD
Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3683, and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 38939]]
Background
On March 22, 2013, the Department published the preliminary results
of the administrative review of the antidumping duty order on PSF from
Taiwan.\1\ We invited interested parties to comment on the Preliminary
Results. None were received.
---------------------------------------------------------------------------
\1\ See Polyester Staple Fiber From Taiwan: Preliminary Results
of Antidumping Duty Administrative Review; 2011-2012, 78 FR 17637
(March 22, 2013) (Preliminary Results).
---------------------------------------------------------------------------
The Department has conducted this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order
The product covered by the order is PSF. PSF is defined as
synthetic staple fibers, not carded, combed or otherwise processed for
spinning, of polyesters measuring 3.3 decitex (3 denier, inclusive) or
more in diameter. This merchandise is cut to lengths varying from one
inch (25 mm) to five inches (127 mm). The merchandise subject to the
order may be coated, usually with a silicon or other finish, or not
coated. PSF is generally used as stuffing in sleeping bags, mattresses,
ski jackets, comforters, cushions, pillows, and furniture. Merchandise
of less than 3.3 decitex (less than 3 denier) currently classifiable in
the Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 5503.20.00.20 is specifically excluded from the order. Also
specifically excluded from the order are PSF of 10 to 18 denier that
are cut to lengths of 6 to 8 inches (fibers used in the manufacture of
carpeting). In addition, low-melt PSF is excluded from the order. Low-
melt PSF is defined as a bi-component fiber with an outer sheath that
melts at a significantly lower temperature than its inner core.
The merchandise subject to the order is currently classifiable in
the HTSUS at subheadings 5503.20.00.40, 5503.20.00.45, 5503.20.00.60,
and 5503.20.00.65. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise subject to the order is dispositive.
Final Determination of No Shipments
For the final results of this review, we determine that Nan Ya had
no shipments during the POR.
Final Results of the Review
The Department made no changes to its calculations announced in the
Preliminary Results. As a result of our review, we determine that a
weighted-average dumping margin of 0.00 percent exists for FENC for the
POR.
Assessment Rates
In accordance with the Final Modification,\2\ the Department will
instruct U.S. Customs and Border Protection (CBP) to liquidate entries
for FENC without regard to antidumping duties.
---------------------------------------------------------------------------
\2\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification).
---------------------------------------------------------------------------
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\3\ This clarification will apply to entries of subject
merchandise during the POR produced by FENC for which it did not know
its merchandise was destined for the United States. In such instances,
we will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.
---------------------------------------------------------------------------
\3\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
---------------------------------------------------------------------------
Consistent with the Assessment Policy Notice, because we continue
to find that Nan Ya had no shipments of subject merchandise to the
United States, we will instruct CBP to liquidate any applicable entries
of subject merchandise at the all-others rate if there is no rate for
the intermediate company(ies) involved in the transaction.
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of PSF from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash deposit rate for FENC will
be 0.00 percent, the weighted average dumping margin established in the
final results of this administrative review; (2) for Nan Ya and
previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding;
(3) if the exporter is not a firm covered in this review, a prior
review, or the original investigation but the manufacturer is, the cash
deposit rate will be the rate established for the manufacturer of the
merchandise for the most recently completed segment of this proceeding;
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 7.31 percent, the all-others rate established in the
Notice of Amended Final Determination of Sales at Less Than Fair Value:
Certain Polyester Staple Fiber From the Republic of Korea and
Antidumping Duty Orders: Certain Polyester Staple Fiber From the
Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000). These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
The Department is issuing and publishing these final results of
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: June 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2013-15448 Filed 6-27-13; 8:45 am]
BILLING CODE 3510-DS-P
